CAMPBELL v BEEKMAN

This matter involved an uncontested Application to “unfile” an Expert Report. Lee J. relied on Binder J.’s decision in Henderson (Estate) v Arnett, 2011 ABQB 198, wherein the Court stated that Rules 5.34 to 5.40 contemplate service of Experts’ Reports, but are silent with regard to the filing of such reports. Binder J. stated that the new Rules reflect a policy of efficiency and economy, and that restricting filing to essentials promotes those goals. In relying on this Decision, Lee J. held that the Court has the general discretion to “unfile”, which it may exercise in appropriate circumstances, and granted the Application.